ANAMETRICS SERVS., INC. v. CLIFFORD A. BOTWAY, INC.


159 A.D.2d 247 (1990)

Anametrics Services, Inc., Respondent-Appellant, v. Clifford A. Botway, Inc., et al., Appellants-Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

March 8, 1990


The parties entered into a restrictive covenant whose authenticity was established by unchallenged expert testimony. Plaintiff's inability to produce the original of that document was overcome by production of a photocopy made in the ordinary course of business (CPLR 4539). The covenant, which was designed to protect plaintiff from defendant's direct solicitation of business from plaintiff's principal client for two years after termination of that relationship, was narrowly...

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